Knowledge Ecology International

Four drafts from SCCR 24

Posted on August 7, 2012 by James Love

Chair’s Non Paper, PROTECTION OF BROADCASTING ORGANIZATIONS, SCCR 24, July 23, 2012
Working document (Rev. 5), July 25, 2012, Provisional Working Document Containing Comments On And Textual Suggestions Towards An Appropriate International Legal Instrument (In Whatever Form) On Limitations And Exceptions For Educational, Teaching And Research Institutions And Persons With Other Disabilities

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Leak of TPP text on copyright Limitations and Exceptions

Posted on August 4, 2012 by James Love

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Dmitry Medvedev’s Nov 2011 message to the G20 leaders on call for new copyright treaty

Posted on August 3, 2012 by James Love

In 2011, Russia made a very important proposal to the G20 regarding the need for new global norms on copyright. Just a few parts of the message illustrate its ambition.

to expand the opportunities of right holders to manage and exercise the rights to the results of intellectual activities on the Internet;
to amend the way of obtaining a right holder’s consent

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TPP IP text would restore right to sue surgeons and other medical professionals for patent infringement. Why?

Posted on August 2, 2012 by James Love

Kista Cox on a provision in the TPP trade negotiation that would restore right to sue surgeons and other medical professionals for patent infringement. The US law (35 USC 287(c)) was changed after lawsuits were filed against surgeons performing certain procedures in eye surgery. USTR and USPTO have been asked to protect this exception in the TPP Intellectual Property Chapter, but have not done so.

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2012: NIH case: exclusive rights in regulatory test data are absolute, even where there are drug shortages

Posted on July 31, 2012 by Krista Cox

In August 2, 2010, the National Institutes of Health (NIH) was asked to grant an open license to permit manufacture of Fabrazyme, a drug used to treat Fabry disease (more on the march-in case here: https://www.keionline.org/fabrazyme). On December 1, 2010, Francis S. Collins, Director of the NIH issued a determination in the case, rejecting the petition for the NIH to exercise its march-in rights, citing as support for the denial that granting march-in rights would not overcome other barriers, including the exclusive rights in test data.

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DG-Enterprise – data exclusivity prevents access to life saving drugs (in the EU), even in an emergency situation

Posted on July 31, 2012 by James Love

On February 20, 2006, Martin Terberger, the Head of Unit for Pharmaceuticals in the European Commission Directorate-General for Enterprise and Industry, wrote to Greg Perry of the European Generic medicines Association (EGA). The letter was a follow-up to an inquiry from the EGA regarding “the question of data exclusivity under the European pharmaceutical legislation,” in cases where a government overrode the exclusive rights of a patent and granted a compulsory license, and/or in a case of a medical emergency.

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AIDS 2012: Former President Clinton and House Minority Leader Nancy Pelosi Speak at Closing Ceremony

Posted on July 31, 2012 by Krista Cox

The XIX International AIDS Conference, which saw over 24,000 participants, came to a close on Friday, July 27, 2012. A number of people living with HIV/AIDS, activists, the immediate past president and current president of the International AIDS Society (and 2008 Nobel Prize Winner in Medicine), House Minority Leader Nancy Pelosi (D-CA), and former President Bill Clinton were among the speakers.

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AIDS 2012: Senator Sanders (I-VT) Speaks on S.1138, HIV/AIDS Prize Fund Bill

Posted on July 27, 2012 by Krista Cox

At a session on the AIDS Financial Crisis, Senator Bernie Sanders (I-VT) presented on the bill he introduced last year, S.1138, a Prize Fund for HIV/AIDS. Continue Reading →

AIDS 2012: US Congress and the Global AIDS Epidemic

Posted on July 26, 2012 by Krista Cox

At the International AIDS Conference 2012, on July 25, 2012, former Senator Frist (R-TN) moderated a panel of four members of Congress on “The U.S. Congress and the Global AIDS Epidemic.” The four members of Congress included Congresswoman Barbara Lee (D-CA), Senator Marco Rubio (R-FL), Senator Chris Coons (D-DE) and Senator Mike Enzi (R-WY).

From left to right: Congresswoman Lee, Senator Rubio, former Senator Frist, Senator Coons and Senator Enzi

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KEI comment on SCCR 24

Posted on July 26, 2012 by James Love

The final conclusions of SCCR 24 are available here.

I’m going to spend some time adding to this, but to have something out quick, here are few thoughts.

1. Disabilities.

The Good: sets the stage for diplomatic conference in 2013, which is now highly likely.
The Bad: Lots of brackets in the text, and EU bent on making the agreement unworkable, and the US and EU hold off on the “nature of the instrument” is a treaty discussion.

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